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A citizen petition filed on September 24, 2018 by the Information Technology & Innovation Foundation (ITIF) asked FDA to prohibit “non-GMO” food labeling claims, including the Non-GMO Project butterfly logo and label. ITIF argues in the petition that such claims mislead and deceive consumers about foods, food ingredients, and their characteristics related to health and safety.

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The Non-GMO Project is a third-party certifying body for non-genetically modified food and products ….They do not expect the petition to gain traction with the FDA because the petition is “factually inaccurate and fundamentally biased,” and prohibiting such claims would be likely challenged on Constitutional First Amendment grounds.

FDA must respond to citizen petitions …. by March 2019. However, that response may not be substantive and may just indicate that FDA is further reviewing the matter …. it is unlikely the FDA will respond to ITIF’s citizen petition favorably, especially in light of the fact that many consumers are accustomed to seeing non-GMO claims on their food products ….

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